Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Two

  
37
Dissenters' Voices Muted in Legal Cases
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Californians Against Forced Busing, a committee formed under the election laws of California with the objective of supporting Proposition 1, whose Chairman, Senator Alan Robbins, authored said proposition.

I reduced the number of points in this application to the following points:

Point I. The Crawford proponents seek to impose obligations on public schools, which would impact adversely upon interested persons, in violation of the California Constitution, as amended on November 6, 1979.

Point II. The affirmative relief sought by the Crawford proponents against unjoined third parties should be denied.

Point III. The judicial action sought by Crawford proponents would abrogate powers reserved to the people and legislature of California, in violation of the Guarantee Clause of the Constitution.

Also, in Point III of the second application, reference to Madison's famous definition of tyranny, which concluded the argument in the first application, was omitted. Notwithstanding the streamlining of the argument, the softening of its rhetoric, and the joining of a statewide group to the application, this second, April 1980, application was entirely disregarded by Judge Egly.

Thus, by the manner of the two denials, contrasted with the granting of the appearance by the Crawford proponents, we could not discern any reason why our 41-page second application deserved such a fate. While it is true that our arguments were unusual, so, too, were those in the 118-page brief of the Crawford amici, as summarized in their preliminary statement to Judge Egly:

... In summary, amici point out that Proposition 1 has attempted to create an unequal equal protection clause — a contradiction in terms and, accordingly, impermissible    Next

  

Crawford I   Crawford v. Board of Education, 17 Cal.3d 280 (1976)
[related to BustopBoard of Ed., etc.]
Los Angeles, California
  
  Busing: Chapter 2, pages 29 - 40 — Previous Next
  
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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